IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3325/2019 BETWEEN:
Laxminarayana Reddy, S/o.Shriram Reddy, Aged about 25 years, Occ: Medical Representative, R/o House No.19, 8th Cross, 1st Main, Byraveshwaranagar, Laggere, Bengaluru-560 058. …Petitioner (By Sri.Ravindra.B.Deshpande, Advocate) AND:
The State of Karnataka by Rajagopal Nagara Police Station, Bengaluru City-560 058.
(Represented by State Public Prosecutor, High Court Buildings, Bengaluru-560 001.) ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.635/2018 of Rajagopal Nagar Police Station, Bengaluru City for the offence punishable under Sections 363, 366, 376 of IPC and Section 6 of POCSO Act 2012.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the light of his detention pursuant to proceedings in Crime No.635/2018 for the offences punishable under Sections 363, 366 and 376 of IPC and Section 6 of POCSO Act, 2012.
2. The case of the prosecution is that complaint was lodged by the mother of the victim stating that on 05.12.2018 her daughter who had gone to college did not return home. The complainant had suspected that her daughter has gone along with the petitioner who stays in the adjacent house. On the basis of the said complaint, FIR was registered, investigation is completed and charge sheet has been filed.
3. The statement of the victim has been recorded under Section 164 of Cr.P.C and the victim has empathically stated that she has gone along with the petitioner voluntarily. There appears to have some intimacy between the petitioner and the victim and such fact could be a mitigating factor that is to be taken note of, for the purpose of the present proceedings.
4. In the light of the investigation being completed, charge sheet having been filed and also taking note of the version of the victim and the statement recorded under Section 164 of Cr.P.C, the petitioner is entitled to be enlarged on bail.
5. However no conclusive opinion is being expressed as regards the weight of evidence to be attached to the statement of the witness under Section 164 of Cr.P.C. The commission of offence is a matter to be established during trial.
6. Accordingly, petitioner is entitled to be enlarged on bail in Crime No. 635/2018 for the offences punishable under Sections 363, 366 and 376 of IPC and Section 6 of POCSO Act, 2012, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS